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Employment status of judge - Gilham v Ministry of Justice [CA] 21.12.07

District judges did not qualify for the statutory protection for whistleblowers in the Employment Rights Act 1996 Pt IVA because they were office holders and not "workers" within the meaning of s.230(3). As office holders, judges enjoyed many protections not available to workers, and s.230(3) did not need to be construed more widely in order to protect their rights under ECHR art.10 and art.14 in relation to whistleblowing activities, since they were enforceable under the Human Rights Act 1998 s.7.
Category: Employment » Employment status; Whistleblowing. Keyword(s): Judiciary. Area(s) of law: Employment; Public Sector.
Source: [2017] EWCA Civ 2220; Times 25.01.18.

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